RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010589


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:


      |     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart, Combat Infantryman
Badge, and Vietnam Commendation Medal.

2.  The applicant states, in effect, that his military occupational
specialty was changed after he was injured, he was no longer considered
capable of fulfilling infantry duties, and that his medals are not listed
on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); Purple Heart Certificate,
dated
4 May 1967; and a copy of a supplemental page to his Veterans
Administration (VA) disability claim, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 December 1968, the date of his separation from active duty.  The
application submitted in this case is dated 19 November 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service record shows that he was inducted into
the U.S. Army on 23 September 1966.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11B (Light Weapon Infantryman).

4.  The applicant's military service record shows that he was assigned to
Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry in
Vietnam, from 8 March 1967 through 21 May 1967.  His military service
record also shows that, on 23 May 1967, he was medically evacuated from
Vietnam to Valley Forge General Hospital, Phoenixville, Pennsylvania.


5.  On 6 October 1967, the applicant was reclassified into MOS 64B (Heavy
Vehicle Driver) and subsequently assigned to the U.S. Army Training Center,
Infantry, Fort Ord, California.  He was separated from the U.S. Army under
honorable conditions on 5 December 1968 after serving on active duty for a
total of 2 years.

6.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, and Marksman Badge with Rifle
Bar.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 8
March 1967 through 21 May 1967.  Item 39 (Campaigns) of this document shows
that he participated in the Vietnam Counteroffensive Phase II Campaign.

8.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  However, the
applicant's name is listed on The Adjutant General Office, Casualty
Division's Vietnam Casualty Roster, on Page 1444, showing that he was
wounded on 2 May 1967 as a result of hostile action.

9.  The applicant provides a copy of his DD Form 214, Purple Heart
Certificate, and a supplemental page to his VA disability claim in support
of his application.

10.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  The applicant's record contains a copy of Headquarters, Fort Polk,
Louisiana, Special Orders Number 017, dated 18 January 1967, which shows
that he was awarded the Expert Badge with M-60 Machinegun Bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 2nd Battalion, 60th Infantry, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 31, 1969.
13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2nd Battalion, 60th Infantry, the unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Headquarters, Department of the Army, General
Orders Number 59, 1969.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in one campaign during his service in Vietnam.
This document shows that the applicant participated in the Vietnam
Counteroffensive Phase II.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
as a result of hostile action.  Substantiating evidence must be provided to
verify that the wound was the result of hostile action, the wound must have
required treatment, and the medical treatment must have been made a matter
of official record.  There is no statute of limitations governing requests
for award of the Purple Heart.

16.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Award of the Combat Infantryman Badge during the Vietnam was
announced in unit special orders, normally published at battalion or
brigade level.

17.  The Vietnam Commendation Medal, which the applicant requests, is not
listed as an authorized award in Army Regulation 600-8-22.  However, Army
Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  This medal was awarded by the Government of Vietnam to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart, the Combat Infantryman Badge, and the Vietnam Commendation Medal.

2.  The applicant contends, in effect, that he was awarded a Purple Heart
for wounds received in action in May 1967, while serving in Vietnam.  The
applicant provides a copy of his Purple Heart Certificate in support his
claim.

3.  Evidence of records show that the applicant was wounded on 2 May 1967
as a result of hostile action.  Therefore, he is entitled to correction of
his records to show award of the Purple Heart.

4.  There are no orders or evidence of records that show the applicant was
awarded the Combat Infantryman Badge.  Therefore, there is insufficient
evidence upon which to base award of the Combat Infantryman Badge in this
case.

5.  Army regulation authorized the applicant award of the Vietnam Campaign
Medal.  Therefore, he is entitled to correction of his records to show
award of the medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

8.  Records show that the applicant served in one campaign in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
bronze service star to be affixed to his Vietnam Service Medal.

9.  Special Orders awarded the applicant the Expert Badge with Machinegun
Bar. Therefore, it would be appropriate to correct his records to show this
badge.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 December 1971.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case. Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JTM_   __WDP_   __LJO__    GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Purple Heart, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, the Vietnam Service Medal with one bronze
service star, and the Expert Qualification Badge with Machinegun Bar.

2.  Notwithstanding the conclusion regarding denial of the award of the
Combat Infantryman Badge, the Board determined that the evidence was
sufficient for award of the Combat Infantryman Badge in this case.
Therefore, the Board recommends that the records of the individual
concerned also be corrected to show award of the Combat Infantryman Badge.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Vietnam Commendation Medal.




                            _____John T. Meixell________
                                CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010589                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19681205                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |101.0088.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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